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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
House Joint Resolution 1
A joint resolution proposing amendments to Section 1 2
of Article VIII and Section 4 of Article IX of the 3
State Constitution to provide term limits for members 4
of boards of county commissioners and district school 5
boards; providing applicability. 6
7
Be It Resolved by the Legislature of the State of Florida: 8
9
That the following amendments to Section 1 of Article VIII 10
and Section 4 of Article IX of the State Con stitution are agreed 11
to and shall be submitted to the electors of this state for 12
approval or rejection at the next general election or at an 13
earlier special election specifically authorized by law for that 14
purpose: 15
ARTICLE VIII 16
LOCAL GOVERNMENT 17
SECTION 1. Counties.— 18
(a) POLITICAL SUBDIVISIONS. The state shall be divided by 19
law into political subdivisions called counties. Counties may be 20
created, abolished or changed by law, with provision for payment 21
or apportionment of the public debt. 22
(b) COUNTY FUNDS. The care, custody and method of 23
disbursing county funds shall be provided by general law. 24
(c) GOVERNMENT. Pursuant to general or special law, a 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
county government may be established by charter which shall be 26
adopted, amended or repealed only upon v ote of the electors of 27
the county in a special election called for that purpose. 28
(d) COUNTY OFFICERS. There shall be elected by the 29
electors of each county, for terms of four years, a sheriff, a 30
tax collector, a property appraiser, a supervisor of elect ions, 31
and a clerk of the circuit court. Unless otherwise provided by 32
special law approved by vote of the electors or pursuant to 33
Article V, section 16, the clerk of the circuit court shall be 34
ex officio clerk of the board of county commissioners, auditor, 35
recorder and custodian of all county funds. Notwithstanding 36
subsection 6(e) of this article, a county charter may not 37
abolish the office of a sheriff, a tax collector, a property 38
appraiser, a supervisor of elections, or a clerk of the circuit 39
court; transfer the duties of those officers to another officer 40
or office; change the length of the four -year term of office; or 41
establish any manner of selection other than by election by the 42
electors of the county. 43
(e) COMMISSIONERS. Except when otherwise provided by 44
county charter, the governing body of each county shall be a 45
board of county commissioners composed of five or seven members 46
serving staggered terms of four years. After each decennial 47
census the board of county commissioners shall divide the county 48
into districts of contiguous territory as nearly equal in 49
population as practicable. One commissioner residing in each 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
district shall be elected as provided by law. Except as may be 51
provided by general law relating to single -member districts 52
after decennial redistricting, a person may not appear on the 53
ballot for re-election as a member of a board of county 54
commissioners if, by the end of his or her current term of 55
office, such person will have served, or, but for resignation, 56
would have served, as a member o f the board for eight 57
consecutive years. Service in a term of office which commences 58
on or before November 3, 2026, does not count toward the 59
limitation imposed by this subsection. If a county charter 60
provides that a chairperson or county mayor is elected county-61
wide, the limitation imposed by this subsection does not 62
prohibit a term-limited commissioner elected from a single -63
member district from appearing on the ballot for election as 64
chairperson or county mayor. 65
(f) NON-CHARTER GOVERNMENT. Counties not operating under 66
county charters shall have such power of self -government as is 67
provided by general or special law. The board of county 68
commissioners of a county not operating under a charter may 69
enact, in a manner prescribed by general law, county ordinan ces 70
not inconsistent with general or special law, but an ordinance 71
in conflict with a municipal ordinance shall not be effective 72
within the municipality to the extent of such conflict. 73
(g) CHARTER GOVERNMENT. Counties operating under county 74
charters shall have all powers of local self -government not 75
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inconsistent with general law, or with special law approved by 76
vote of the electors. The governing body of a county operating 77
under a charter may enact county ordinances not inconsistent 78
with general law. The charter shall provide which shall prevail 79
in the event of conflict between county and municipal 80
ordinances. 81
(h) TAXES; LIMITATION. Property situate within 82
municipalities shall not be subject to taxation for services 83
rendered by the county exclusively f or the benefit of the 84
property or residents in unincorporated areas. 85
(i) COUNTY ORDINANCES. Each county ordinance shall be 86
filed with the custodian of state records and shall become 87
effective at such time thereafter as is provided by general law. 88
(j) VIOLATION OF ORDINANCES. Persons violating county 89
ordinances shall be prosecuted and punished as provided by law. 90
(k) COUNTY SEAT. In every county there shall be a county 91
seat at which shall be located the principal offices and 92
permanent records of all county officers. The county seat may 93
not be moved except as provided by general law. Branch offices 94
for the conduct of county business may be established elsewhere 95
in the county by resolution of the governing body of the county 96
in the manner prescribed by law. No instrument shall be deemed 97
recorded until filed at the county seat, or a branch office 98
designated by the governing body of the county for the recording 99
of instruments, according to law. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ARTICLE IX 101
EDUCATION 102
SECTION 4. School districts; school boards.— 103
(a) Each county shall constitute a school district; 104
provided, two or more contiguous counties, upon vote of the 105
electors of each county pursuant to law, may be combined into 106
one school district. In each school district there shall be a 107
school board composed of five or more members chosen by vote of 108
the electors in a nonpartisan election for appropriately 109
staggered terms of four years, as provided by law. A person may 110
not appear on the ballot for re -election to the office of school 111
board member if, by the end of the current term of office, that 112
person will have served, or, but for resignation, would have 113
served, as a member of the school board for eight consecutive 114
years. Service of a term of office which commenced before 115
November 8, 2022, does not count toward the limitation imposed 116
by this subsection. 117
(b) The school board shall operate, control and supervise 118
all free public schools within the school district and determine 119
the rate of school district taxes within the limits prescribed 120
herein. Two or more school districts may operate and finance 121
joint educational programs. 122
BE IT FURTHER RESOLVED that the following statement be 123
placed on the ballot: 124
CONSTITUTIONAL AMENDMENT 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ARTICLE VIII, SECTION 1 126
ARTICLE IX, SECTION 4 127
TERM LIMITS FOR MEMBERS OF COUNTY COMMISSIONS AND DISTRICT 128
SCHOOL BOARDS.—Proposing amendments to the State Constitution to 129
provide term limits of eight consecutive years for county 130
commissioners for terms that commence after November 3, 2026, 131
and to provide term limits of eight co nsecutive years for 132
district school board members for terms that begin on or after 133
November 8, 2022, as provided by general law. The amendments 134
provide additional applicability. 135